STATUTORY RULES.
1964. No. 143.
REGULATION UNDER THE NAVAL DEFENCE ACT 1910-1964.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Naval Defence Act 1910-1964.
Dated this Twelfth
day of , November 1964.
DE L'ISLE
Governor-General.
By His Excellency's Command,
F. CHANEY
Minister of State for the Navy.
Amendments of the Naval Forces Regulations.†
The Schedule.
The Schedule to the Naval Forces Regulations is amended—
(a) by omitting from item (6.) the words "or the Royal Australian Navy" and inserting in their stead the words "or of the Naval Forces of the Commonwealth";
(b) by inserting after item (6.) the following item:— |
"(6a.) | 54 | Add the following subsection:— |
| | '(9) An officer of the Royal Navy or an officer of the Royal New Zealand Navy is eligible to be appointed a member of a court-martial and, whenever any such officer is so appointed, he has the same powers, functions and duties as if he were an officer of the Naval Forces of the Commonwealth so appointed.'"; and |
(c) by omitting item (34.) and inserting in its stead the following item:— |
"(34.) | 111 | (a) Omit from subsection (3) the words 'any of the naval reserve forces' and insert in their stead the words 'the Naval Emergency Reserve Forces or the Citizen Naval Forces'; |
| | (b) Omit subsections (4) and (5); |
| | (c) Insert in subsection (6), after the words 'Her Majesty's' (wherever occurring), the word 'Australian'; and |
| | (d) Omit subsection (8) and insert in its stead the following subsection:— |
| | '(8) This section applies to chaplains in the Naval Forces of the Commonwealth as it applies to officers of these Forces.'". |
|
*Notified in the Commonwealth Gazette on 16th November, 1964.
†Statutory Rules1935, No. 133, as amended by Statutory Rules 1936, Nos. 63 and 119: 1938, Nos. 20, 46, 70 and 91; 1939, Nos. 26,, 27,, 72 and 143; 1940, Nos. 123, 135, 147, 197, 217 and 240; 1941, Nos. 21, 187, 215 and 242; 1942, Nos. 48 and 202; 1943, No. 42: 1944, No. 63; 1946, Nos. 26 and 32; 1947, Nos. 34 and 130; 1948, Nos. 37, 87 and 88; 1950, Nos. 4 and 26;1951,Nos. 53, 66 and 165; 1953, No. 19; 1954, Nos. 28,, 115 and 123; 1955, Nos. 5 and 16;1956,No. 78;1958, No. 88; 1959, No. 38; 1961, Nos. 51 and 67; and 1963, Nos. 113 and 145.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
13794/64.—Price 6d. 10/27.10.1964.
Overview
The Statutory Rules 1964, No. 143, made under the Naval Defence Act 1910-1964, address the need to update the Naval Forces Regulations to reflect changes in the structure and operations of the Australian naval forces. Enacted by the Governor-General in Council, this regulation seeks to modernise the legal framework governing the Royal Australian Navy, including the eligibility of officers from the Royal Navy and the Royal New Zealand Navy to serve on court-martials, and the reclassification of reserve forces. The policy objective is to ensure that the regulations align with contemporary naval practices and international cooperation, particularly in times of national emergency or conflict.
Scope and Application
This statutory instrument amends the Naval Forces Regulations under the Naval Defence Act 1910-1964. The regulation applies to officers of the Royal Navy and the Royal New Zealand Navy, who are now eligible to be appointed as members of a court-martial in the Naval Forces of the Commonwealth. These officers, once appointed, will have the same powers, functions, and duties as if they were officers of the Naval Forces of the Commonwealth. Additionally, the regulation updates references to the naval reserve forces, replacing "any of the naval reserve forces" with "the Naval Emergency Reserve Forces or the Citizen Naval Forces." It also modifies the application of certain provisions to chaplains within the Naval Forces of the Commonwealth, aligning their status with that of officers. This amendment does not create any new exclusions or exemptions and extends the existing framework by including eligible foreign officers in the naval justice system of the Commonwealth.
Key Provisions
The main operative sections of these regulations pertain to amendments to the Naval Forces Regulations, specifically to the Schedule (1). Firstly, the regulation amends the wording in item (6) of the Schedule to replace "or the Royal Australian Navy" with "or of the Naval Forces of the Commonwealth" (1(a)). Secondly, it inserts a new subsection (9) in item (6), stating that an officer of the Royal Navy or an officer of the Royal New Zealand Navy is eligible for appointment as a member of a court-martial, and upon such appointment, they hold the same powers, functions, and duties as if they were an officer of the Naval Forces of the Commonwealth (1(b)). Thirdly, the regulation replaces item (34) with a new item (34) that modifies the existing provisions to specify that the regulation applies to the Naval Emergency Reserve Forces or the Citizen Naval Forces, rather than any of the naval reserve forces (1(c)). It also amends subsection (6) by inserting "Australian" after "Her Majesty's" and removes subsections (4) and (5) entirely (1(c)). Finally, it replaces subsection (8) with a new subsection that extends the application of the section to chaplains in the Naval Forces of the Commonwealth (1(d)).
These regulations impose certain obligations and requirements on the parties or entities they govern. Firstly, the amendment to item (6) ensures that the eligibility for appointment as a member of a court-martial is extended to officers of the Royal Navy or the Royal New Zealand Navy, provided they are appointed under the same conditions as officers of the Naval Forces of the Commonwealth (2). Secondly, the insertion of subsection (9) into item (6) clearly defines the powers, functions, and duties of such appointed officers, ensuring they operate within the same legal framework as their Commonwealth counterparts (2). Thirdly, the replacement of item (34) with the new item (34) modifies the scope of the regulation to include the Naval Emergency Reserve Forces or the Citizen Naval Forces, rather than any of the naval reserve forces (2). This change ensures that the regulation applies to the specific reserve forces identified. Finally, the amendment to subsection (6) by inserting "Australian" after "Her Majesty's" and the removal of subsections (4) and (5) clarify the application of the regulation to Australian contexts and streamline its provisions (2).
The regulations do not explicitly outline specific offences, penalties, or consequences for breach. However, as these amendments are made under the authority of the Naval Defence Act 1910-1964, any breach of these regulations could potentially lead to legal consequences under that Act. The Naval Defence Act includes provisions for offences related to the administration of naval forces and the disciplinary framework within the naval forces, which could encompass breaches of these amended regulations. Penalties for such offences could range from fines to imprisonment, depending on the severity of the breach and the specific provisions of the Naval Defence Act that are contravened. The exact penalties would need to be determined by a court considering the circumstances of any alleged breach.